Openness Principle for Government in Amsterdam

Openness Principle for Government in Amsterdam

The principle of openness is a cornerstone of Dutch administrative law and fully applies to Amsterdam government bodies such as the Municipality of Amsterdam. All information held by these bodies is in principle accessible to residents, except in cases of compelling exceptions. This principle enhances transparency and democratic oversight, for example, on local decisions regarding housing, traffic, or green spaces in the city.

What does the openness principle mean for Amsterdam?

In Amsterdam, this means that documents such as reports on housing projects, emails about canal maintenance, or contracts for bike paths are not automatically confidential. The Municipality of Amsterdam must proactively share information via the website amsterdam.nl and provide it upon request. This is governed by the Open Government Act (Woo), which replaced the Government Information (Public Access) Act (Wob) on May 1, 2022. The goal: a more transparent city culture, enabling Amsterdammers to better understand decision-making on issues like the housing shortage or tourism policy.

Previously, citizens had to actively request information; now the municipality publishes registers of subsidies, tenders, and permits for events in Vondelpark.

Legal basis

At the core is Article 3:1 Woo: "Information held by administrative bodies is public." This supports both active and passive disclosure in Amsterdam.

• Active disclosure (art. 3:2 Woo): The Municipality of Amsterdam shares information via websites or open datasets, such as on traffic plans.
• Passive disclosure (art. 3:3 Woo): Upon request, the municipality provides information, unless refusal grounds apply (Division 5.1 Woo).

The Woo applies to all administrative bodies, including the Municipality of Amsterdam, provinces, and ministries. Procedures are governed by the General Administrative Law Act (Awb), with objections heard by the District Court of Amsterdam.

Differences between Woo and Wob

The Woo modernizes the Wob for greater accessibility in cities like Amsterdam:

This makes it easier for Amsterdammers to obtain local information.

Rights of Amsterdammers

You may request information from the Municipality of Amsterdam free of charge without stating an interest. Key rights:

1. Free access: No costs, except for copies or complex searches.
2. Decision within 4 weeks (art. 4:5 Woo), extension possible.
3. Objection and appeal: First to the municipality, then to the District Court of Amsterdam. Advice available from the Juridisch Loket Amsterdam.

Requests can be made digitally or by mail, in your preferred format.

Obligations of Amsterdam government bodies

The Municipality of Amsterdam must:

• Publish an openness profile (art. 3:10 Woo) on amsterdam.nl.
• Motivate requests and refuse only when necessary, such as for privacy or security.
• Disclose partially by redacting sensitive parts.

Practical examples in Amsterdam

Example 1: A resident requests the file on a tree-felling permit near Sarphatipark. The Municipality of Amsterdam shares emails and reports, excluding private data.

Example 2: Journalists used Woo requests to uncover information on Amsterdam's child benefits issues, exposing misconduct.

Example 3: A business owner checks tenders for the Noord/Zuidlijn via TenderNed, published proactively.

Refusal of disclosure

Possible on grounds such as privacy (art. 5:13 Woo), trade secrets (art. 5:16), or security (art. 5:11). The District Court of Amsterdam reviews strictly: openness prevails in case of doubt.

Frequently asked questions